[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Notices]
[Pages 54416-54418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21444]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPPT-2002-0035; FRL-7187-6]


Substantial Risk Information Reporting under Section 8(e) of the 
Toxic Substances Control Act; Request for Comment on Renewal of 
Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), EPA is seeking public comment on the following 
Information Collection Request (ICR): Substantial Risk Information 
Reporting under Section 8(e) of the Toxic Substances Control Act (TSCA) 
(EPA ICR No. 0794.10, OMB No. 2070-0046). This ICR involves a 
collection activity that is currently approved and scheduled to expire 
on January 31, 2003. The information collected under this ICR relates 
to reporting requirements placed on persons who manufacture, import, 
process, or distribute in commerce chemical substances or mixtures and 
who obtain information that such substances or mixtures present a 
substantial risk of injury to health or the environment. Before 
submitting this ICR to the Office of Management and Budget (OMB) for 
review and approval under the PRA, EPA is soliciting comments on 
specific aspects of the collection.

DATES: Written comments, identified by the docket ID number OPPT-2002-
0035, must be received on or before October 21, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket ID 
number OPPT-2002-0035 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Acting Director, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Richard Hefter, Risk Assessment 
Division (7403M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-7649; fax number: 
(202) 564-1626; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a company 
that manufactures, imports, processes, or distributes in commerce a 
chemical substance or mixture and which obtains information that 
reasonably supports the conclusion that such substance or mixture 
presents a substantial risk of

[[Page 54417]]

injury to health or the environment. Potentially affected categories 
and entities may include, but are not limited to:

------------------------------------------------------------------------
             Type of business                        NAICS codes
------------------------------------------------------------------------
Chemical manufacturing                      325
Petroleum refineries                        32411
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

A. Electronically

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page 
select ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' 
and then look up the entry for this document under the ``Federal 
Register--Environmental Documents.'' You can also go directly to the 
Federal Register listings at http://www.epa.gov/fedrgstr/.

B. Fax-on-Demand

    Using a faxphone call (202) 564-3119 and select item 4096 for a 
copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket ID number OPPT-2002-0035. The official record consists of the 
documents specifically referenced in this action, any public comments 
received during an applicable comment period, and other information 
related to this action, including any information claimed as 
Confidential Business Information (CBI). This official record includes 
the documents that are physically located in the docket, as well as the 
documents that are referenced in those documents. The public version of 
the official record does not include any information claimed as CBI. 
The public version of the official record, which includes printed, 
paper versions of any electronic comments submitted during an 
applicable comment period, is available for inspection in the TSCA 
Nonconfidential Information Center, North East Mall Rm. B-607, 
Waterside Mall, 401 M St., SW., Washington, DC. The Center is open from 
noon to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Center is (202) 260-7099.

III. How Can I Respond to this Action?

A. How and to Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket ID number OPPT-2002-0035 on the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Document Control Office 
(7407M), Office of Pollution Prevention and Toxics (OPPT), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in EPA East Building Rm. 6428, 1201 Constitution 
Ave., NW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the DCO is (202) 564-8930.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected], or mail your computer disk to the 
address identified in Units III.A.1. and 2. Do not submit any 
information electronically that you consider to be CBI. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on standard disks in WordPerfect 6.1/8.0 or ASCII file format. 
All comments in electronic form must be identified by docket ID number 
OPPT-2002-0035. Electronic comments may also be filed online at many 
Federal Depository Libraries.

B. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

C. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

D. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology,

[[Page 54418]]

e.g., permitting electronic submission of responses.

IV. What Information Collection Activity or ICR Does this Action 
Apply to?

    EPA is seeking comments on the following ICR:
    Title: Substantial Risk Information Reporting under Section 8(e) of 
the Toxic Substances Control Act (TSCA).
    ICR numbers: EPA ICR No. 0794.10, OMB No. 2070-0046.
    ICR status: This ICR is currently scheduled to expire on January 
31, 2003. An Agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that is subject to 
approval under PRA, unless it displays a currently valid OMB control 
number. The OMB control numbers for EPA's information collections 
appear on the collection instruments or instructions, in the Federal 
Register notices for related rulemakings and ICR notices, and, if the 
collection is contained in a regulation, in a table of OMB approval 
numbers in 40 CFR part 9.
    Abstract: TSCA section 8(e) requires that any person who 
manufactures, imports, processes, or distributes in commerce a chemical 
substance or mixture and which obtains information that reasonably 
supports the conclusion that such substance or mixture presents a 
substantial risk of injury to health or the environment must 
immediately inform EPA of such information. EPA routinely disseminates 
TSCA section 8(e) data it receives to other Federal agencies to provide 
information about newly discovered chemical hazards and risks.
    Responses to the collection of information are mandatory (see 15 
U.S.C. 2607(e)). Respondents may claim all or part of a notice 
confidential. EPA will disclose information that is covered by a claim 
of confidentiality only to the extent permitted by, and in accordance 
with, the procedures in TSCA section 14 and 40 CFR part 2.

V. What are EPA's Burden and Cost Estimates for this ICR?

    Under the PRA, ``burden'' means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal Agency. For this 
collection it includes the time needed to review instructions; develop, 
acquire, install, and utilize technology and systems for the purposes 
of collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this collection of information is estimated to range between 5.0 hours 
and 27.0 hours per response, depending upon the nature of the response. 
The following is a summary of the estimates taken from the ICR:
    Respondents/affected entities: 218.
    Frequency of response: On occasion.
    Estimated average number of responses for each respondent: 1.
    Estimated total annual burden hours: 6,431.
    Estimated total annual burden costs: $675,255.

VI. Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 1,778 hours (from 8,209 hours to 6,431 
hours) in the total estimated respondent burden compared with that 
identified in the information collection request most recently approved 
by OMB. This change results from an overall decrease in section 8(e) 
reporting, primarily from a reduction in the number of follow-up/
supplemental section 8(e) notices received. In previous ICR renewals, 
EPA used an historical average of 2.2 follow-up notices per each 
initial submission. This figure was based on EPA's experience and 
system for reviewing section 8(e) notices in place pre-1990. During 
that time EPA received fewer than 100 initial notices per year and was 
able to perform a much more detailed review of each notice received. 
The consequence of that review was that there was much more interaction 
with the submitting companies generating numerous follow-up notices and 
information submissions. However, during and since the 1991 Compliance 
Audit Program, because of the increase in initial notices submitted, 
EPA has contacted submitters for additional information only for those 
initial notices that are identified during the preliminary screening 
evaluation as needing additional information from the submitters. 
Consequently, the number of follow-up notices has fallen due to the 
changed nature of EPA's review of initial notices. Over the last 3 
fiscal years, EPA has received 341 follow-up notices versus 653 initial 
notices, or approximately 0.5 follow-up notices per initial notice.

VII. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce 
the submission of the ICR to OMB and the opportunity to submit 
additional comments to OMB. If you have any questions about this ICR or 
the approval process, please contact the technical person listed under 
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.


    Dated: August 9, 2002.
Susan B. Hazen,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 02-21444 Filed 8-21-02; 8:45 am]
BILLING CODE 6560-50-S